Do you know your employee's rights if he's injured while on duty?
It's everyone's right to work in a safe environment. But what rights does your employee have if he suffers an injury on duty?
You probably know about the Compensation for Occupational Injuries and Diseases Act (COIDA), but do you know what he's entitled to or when a court of law won't grant him those entitlements?
After all there's more for you to know about your employee's right to compensation. Read on to discover what he's entitled to and when he may not get it.
COID rejects 80% of all claims! Will it reject yours?
Here are your employee's rights when it comes to accident compensation
But the Health and Safety Advisor
says there are two situations where the compensation commissioner
won't give him compensation. These are:
1. If your employees is temporarily disabled for three days or less; and
2. If your employee was injured because of his own deliberate misbehavior.
It's your responsibility, as the employer, to warn your employees when they won't be paid compensation in these situations.
To determine if COID will pay out, the commissioner will consider these five things.
Your 1 527 health and safety duties as an employer
When was the last time you checked what disinfecting agents and cleaning materials your company uses?
Do you comply with the Hazardous Chemical Regulations?
There are over 1 500 items you must evaluate in your workplace according to the OHS Act and hundreds more from SABS 0400: National Building regulations.
The five things the compensation commissioner will consider before paying or rejecting a claim
Before he approves or rejects a claim, the compensation commissioner will consider if your employee:
1. Was injured while you were his employer;
2. Wasn't behaving properly or according to the law;
3. Was obeying your instructions as his employer;
4. Was doing something you or his supervisor didn't tell him to do; and
5. Was doing something for the interest of your business.
You must inform your employee about his right to get compensation if he has a workplace accident. But he'll lose that right if the commissar finds it falls under one of these two situations.
Note: 5 of 2 votes